Supreme Court Rejects Public Prosecutor's Cassation In Luhut, Haris And Fatia's Defamation Cases Still Sentenced To Free

The defendants Haris Azhar (right) and Fatia Maulidiyanti (left) celebrated after being found innocent or not defaming the good name of Coordinating Minister Luhut, Monday, January 8, 2024. (ANTARA PHOTO-Fakhri H)

JAKARTA - The Supreme Court (MA) rejected the cassation filed by the public prosecutor (JPU) so that the founder of Lokataru Haris Azhar and the 2020 KontraS Coordinator Fatia Maulidiyanti were still acquitted in the defamation case of Luhut Binsar Pandjaitan.

"The verdict: Prosecutor, refuse," reads the verdict quoted from the official website of information on the Supreme Court's case in Jakarta, Wednesday, September 25, which was confiscated by Antara.

Haris Azhar's cassation case is registered with number 5712 K/Pid.Sus/2024. Meanwhile, Fatia Maulidiyanti's case is recorded as number 5714 K/Pid.Sus/2024.

The two cases were decided on Wednesday, September 11, 2023, by Dwiarso Budi Santiarto as chairman of the assembly accompanied by two members: Ainal Mardhiah and Sutarjo.

Previously, the East Jakarta District Attorney's Office filed an appeal against the decision of the East Jakarta District Court (PN) judges who acquitted Haris Azhar and Fatia Maulidiyanti.

Previously, Monday, January 8, Haris and Fatia were declared not proven guilty of defamation against the Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan. Therefore, both were acquitted.

The panel of judges at the East Jakarta District Court stated that Haris and Fatia's first indictment did not fulfill the legal element because what they discussed was not part of the alleged insult.

Not only that, Haris and Fatia were also released from the second indictment and subsidiary, namely regarding the spread of fake news. Both were judged by the panel of judges not to fulfill the criminal element of spreading fake news.

In this case, Haris and Fatia were charged with defaming Luhut Binsar Pandjaitan. By prosecutors, Haris was sentenced to 4 years in prison, while Fatia was sentenced to 3 years and 6 months in prison.

The public prosecutor assessed that the two human rights defenders had defamed Luhut as regulated in Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the ITE Law jo. Article 55 paragraph (1) of the 1st Criminal Code.

The case began when the two were said to have spread false news related to LBP's involvement in the mining business in Intan Jaya on podcast content on YouTube entitled Ada Lord Luhut Behind Intan Jaya's Economic Relations-Military Ops!! General BIN also There is 1!